eBay - Wrong item received but used
MortgageUno
Posts: 4 Newbie
I received a cheaper version of the item I ordered, but I urgently needed to install it so I had to use the cheaper version.
I contacted the seller and he insists on seeing the item packed (which of course is not as it's fully installed now)
The seller of course also sells the cheaper version I received
I would like to get a refund of the difference between the two prices (which seems the most reasonable thing to do) and, since it forced me to install the cheaper version I did not want would be also nice to get a compensation.
Did I affect my rights by using the item? Will this impact my return?
I tried to contact eBay but they won't get involved until a certain time passes since my communication with the seller.
Thank you.
I contacted the seller and he insists on seeing the item packed (which of course is not as it's fully installed now)
The seller of course also sells the cheaper version I received
I would like to get a refund of the difference between the two prices (which seems the most reasonable thing to do) and, since it forced me to install the cheaper version I did not want would be also nice to get a compensation.
Did I affect my rights by using the item? Will this impact my return?
I tried to contact eBay but they won't get involved until a certain time passes since my communication with the seller.
Thank you.
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Comments
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I think your mistake was to install it, not sure why you needed to.
A refund of the difference would be the best outcome. Compensation? For what?0 -
No one forced you to use the cheaper version.
A refund of the price difference is fair. Compensation is not.
You mention return but make no other mention of intending to return it, only a refund.0 -
I think you have accepted the item by default. Pity you didn't keep the packaging then I imagine it would have been easy to sort out.0
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I kept the packing, but once the item is installed (it's a drive chain), it is riveted so removing it would not return it in the original condition.
I needed a new chain urgently so I couldn't just return it.0 -
MortgageUno wrote: »I kept the packing, but once the item is installed (it's a drive chain), it is riveted so removing it would not return it in the original condition.
I needed a new chain urgently so I couldn't just return it.
Surely you should have a spare kept in case you need 1 in an emergency.
Yes speak to the seller about a refund for the difference.
Whats the compensation for ?
How have you lost out ?0 -
MortgageUno wrote: »I kept the packing, but once the item is installed (it's a drive chain), it is riveted so removing it would not return it in the original condition.
I needed a new chain urgently so I couldn't just return it.
Why didn't you take photos of the item before fitting it?
Ebay will probably make the seller refund the difference but that is all you're entitled too. Nobody forced you to fit it.Accept your past without regret, handle your present with confidence and face your future without fear0 -
School holidays are back.0
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School holidays are back.
I suspect you are right.
Even though this is ebay they must still comply with the law regarding distance selling. That means assuming this was a business seller and the item was received less than 30 days ago then seller would need to take the item back for a full refund. However, the sticky bit here is that legally the seller can deduct an amount for wear and tear over and above that which is expected if you were able to view the item in the shop. Obviously that does not help you as this might not actually be worth returning.
being ebay it is complicated by the fact that they tend to ignore the 'use' question , so if you opened and returned the chain, assuming that you could still return it will all full packaging they are likely to force a refund anyway, sellers can get quite stuck with these returns sometimes.
If you choose not to return it then that is up to you, you can request a partial refund but the seller is not obligated to give it and can insist on item being returned, just as any online purchase from any shop.
As for compensation, as a wind up that is one step beyond what is believable, if you had posted without that bit this would have seemed a fairly normal question.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0 -
They can't make any deduction for use in the first 6 months (unless its a motor vehicle) because the consumer rights act strictly prohibits traders from doing so.
They might be able to do it where goods are a change of mind return, but not where they don't conform to contract.
Theres also no "accepting" the goods under the consumer rights act. Even under SoGA (where acceptance did exist) the retailer remained liable if the goods subsequently were found not to conform to contract.
The consumer rights act also gives the right to a price reduction as one potential remedy available to consumers when goods don't conform.
Of course, sometimes retailers dig their heels in and your only option is to take legal action. So if we're talking about £10 here, then it may be more worthwhile to write it off if the retailer gets awkward.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
unholyangel wrote: »They can't make any deduction for use in the first 6 months (unless its a motor vehicle) because the consumer rights act strictly prohibits traders from doing so.
They might be able to do it where goods are a change of mind return, but not where they don't conform to contract.
Theres also no "accepting" the goods under the consumer rights act. Even under SoGA (where acceptance did exist) the retailer remained liable if the goods subsequently were found not to conform to contract.
The consumer rights act also gives the right to a price reduction as one potential remedy available to consumers when goods don't conform.
Of course, sometimes retailers dig their heels in and your only option is to take legal action. So if we're talking about £10 here, then it may be more worthwhile to write it off if the retailer gets awkward.
As per the above the right to a partial refund is only one remedy open to the seller, but not one that can be enforced. Seller can insist on having the item back and in the same state that it was sent.
Even on eBay a buyer can go to law if they cannot resolve an issue, but going to court to inisist on apparently wanting to keep an item, have a partial refund and claim compensation doesn't exactly seem a winner.
However, I doubt the OP will come back to update.I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.0
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